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Beat the Sony and EA EULAs with GamersOptOut

The latest Sony and EA EULAs discourage gamers from fighting back in a class-action legal pursuit, Gamers Opt Out allows players recourse.

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mandf2239d ago

Just sell your PS3 and get a different system. Let's sue for what? All these articles make gamers look like whiners. I'm ashamed of the thought process behind suing someone for losing linux or psn downtime. I play games no lawyers.

SilentNegotiator2238d ago (Edited 2238d ago )

Duurrrr, but I want to use the service that's so horrible, that I'm suing the company over it!

I agree, the best way to "opt out" - if you have SUCH an issue - is freaking get rid of the ps3. Why are you CONTINUING to use the service that you're suing over? It's not like you're getting rid of something vital; it is A game system with AN online gaming service.

How thick-headed can people get? I generally disagree with the "gamers feel too entitled" mantra, but these people want to use a free service and sue the company over it at the same time? People are really trying to have their cake and sue it, too. I mean eat.

torchic2238d ago (Edited 2238d ago )

I thought I was the only person who thought that wanting to not opt to agree to the terms and still use the PSN was the single most dumbest thing ever seen games. You're right, if you don't want to agree to the terms then get rid of your PS3. You won't be missed.

gamingdroid2238d ago (Edited 2238d ago )

What about the people that already own a PS3 with a library of games, friend connections and so on?

PSN isn't entirely free, it requires a PS3, so part of that profit goes towards maintaining the service.

This is a change to the terms after you purchased your PS3. Sony might have a right to change their terms, but consumers have a right to fight back.

I really don't understand why "consumers" should be willing to give up more rights than necessary to protect multi-billion dollar corporations.

SilentNegotiator2238d ago (Edited 2238d ago )

There are still people who play only offline, believe it or not. Playing PSN or any other online service is not a "right" included with hardware.

"This is a change to the terms after you purchased your PS3. Sony might have a right to change their terms, but consumers have a right to fight back"
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Yes, you're right, Sony DOES have the right to change their terms. And "Fight back"? It's not like companies/corporations have to service people suing them.

And the update isn't at all unlike a waiver. You want to play online? You accept the inherent risks. You're in the middle of a suit and want to keep using their service? Either don't use the service you feel puts you at unfair risk, or accept the risk and use it.

It's legal, fair, and common sense.

gamingdroid2238d ago (Edited 2238d ago )

***Yes, you're right, Sony DOES have the right to change their terms. And "Fight back"? It's not like companies/corporations have to service people suing them.***

So consumers don't have a right to fight back? This is just that!

I hate to live in a country where you aren't allowed or people weren't willing to fight back. That would be a pretty bleak future.

***You're in the middle of a suit and want to keep using their service?***

It's not about "you being in the middle of a lawsuit" and loosing access to PSN. The terms essentially renders it nonviable for a consumer to do so if you are upset for whatever reason.

Imagine if Sony was negligent and let millions of users information into the wild, I believe consumers has rights under the law that Sony is obligated to maintain even if the service is free.

Free doesn't mean I can do to you whatever I want!

***It's legal, fair, and common sense.***

It may be legal, but it ain't fair nor is it common sense.

In fact, it is common sense not to give up ones right to protect a corporation that doesn't need your protection.

Vega752238d ago (Edited 2238d ago )

i agree with you 100%. but it's deeper than just the abillity to play on PSN. some people don't care to play online. but brought their ps3 to play the lastest games like UC3 and so on. but to do that they need the lastest firmware. in order to get the lastest firmware to play these games you now have to sign your rights away. how do you tell to now sell their system. it's not like sony is going to reinburst these people by buying back their console an games you already brought.

this is something that should be put on the box so people are aware of what they are getting in to before buying a ps3. give up you right or don't buy our system to play games period. but sony won't do that because they know if people are aware they are giving up their right to sue then they won't buy the ps3. this is the very reason why companies hide this in their ToS.

SilentNegotiator2238d ago (Edited 2238d ago )

Stop trying to make it out to be some sort of constitutional issue. You can "fight back" (AKA 'Sue'), but you're still not entitled to free service. And again, no, having hardware doesn't make you entitled to use an online service.

"consumers has rights under the law that Sony is obligated to maintain even if the service is free"
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But they aren't obligated to GIVE a free service, and losing information from a server connected to the internet is an INHERENT risk. There is no such thing as perfect digital security.

If you want to sue Sony for information that anyone could pull out of a phonebook, sans the email addresses, then go right ahead (Credit card info was encrypted and thus not leaked in a usable form). But don't claim that access to PSN is some sort of right. That is balderdash.

Like I said, it is a waiver. Waivers haven't stopped people from winning lawsuits because they're 'all inclusive'. But people won't be successfully suing for stupid reasons like having their phonebook info hacked when they willingly accepted the risks/terms.

@Vega
Like I said, the online network is neither necessity nor right. The TOS is available to anyone online.

***
"First of all, I never claimed PSN access IS a right"
VVV
"PSN...requires a PS3, so part of that profit goes towards maintaining the service"
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Semantics, semantics. You implied it quite clearly.

"However, I am entitled to be able to play games and watch movies....So IT IS A NECESSITY!!!"
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You're not entitled to access the network because there are nice things that they advertise on there. That's ridiculous. Let me explain this again, slowly, for you. Hardware. Hardware is not service network. Service network is separate.

"birth date is actually frequently used to verify you combined with your name and address"
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No one is going to be able to do anything serious with that information. Some companies spend all day collecting information like this. When I graduated from school, I received age-related context stuff in the mail for just about everything. From the military, to credit card companies, to scams, to businesses looking for cheap/free (aka "internships") labor....you name it. I didn't give this information away; they sniffed it out, they get it from schools (at least the military bits), pay the companies that give you "Free" facebook/phone games, etc.

"You might want to stay idle, protect your favorite company"
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Oh please. What, do you think this is the first couple of posts I've seen from YOU? You attack anything Sony. You're in no position to complain that I'm just "protecting" a company because I rebuke some person trying to make a federal case out of a standard waiver for a FREE SERVICE.

You're making a massive deal out of nothing.
No one is forced to use Sony's free service. Sony is violating no rights by asking people to sign a waiver to continue getting free service. Adding email/birthdate isn't exactly going to get anyone's identity stolen. Owning hardware doesn't entitle you to free services.

This is not anti-consumer. Consumerism means choice. Choice for consumers, choice for producers. Producers choose to not give free services without a protective guarantee, consumer (like yourself) is free to choose something else if they don't like it.

gamingdroid2238d ago (Edited 2238d ago )

***If you want to sue Sony for information that anyone could pull out of a phonebook, sans the email addresses, then go right ahead (Credit card info was encrypted and thus not leaked in a usable form).***

First of all, I never claimed PSN access IS a right. However, PSN is part of the value of PS3 and should be a right for reasons below.

***You can "fight back" (AKA 'Sue'), but you're still not entitled to free service. And again, no, having hardware doesn't make you entitled to use an online service.***

However, I am entitled to be able to play games and watch movies including recent and future ones I buy. That is part of the value of PS3 as advertised.

Can I do that without agreeing to the terms?

The terms that now have changed since the time I bought it!

So IT IS A NECESSITY!!!

***Like I said, it is a waiver. Waivers haven't stopped people from winning lawsuits because they're 'all inclusive'. But people won't be successfully suing for stupid reasons like having their phonebook info hacked when they willingly accepted the risks/terms.***

No, but a waiver if legal means you are legally required to oblige it.

Why would I agree to it?

I'm opposed to frivolous lawsuits, but I'm also opposed to limiting my freedom to protect corporations when it isn't warranted. I want them to be held accountable when companies do something wrong.

***If you want to sue Sony for information that anyone could pull out of a phonebook, sans the email addresses, then go right ahead (Credit card info was encrypted and thus not leaked in a usable form).***

My birth date and email isn't in the phone book. In fact, birth date is actually frequently used to verify you combined with your name and address. The implications and the sensitive nature of that data is obvious.

Believe it or not, but plenty of people don't have their information listed in the phone book either.

However, this isn't about that. This is about consumer rights, and this is every bit anti-consumer.

You might want to stay idle, protect your favorite company, but I think gamersoptout.com shows people ain't blind and it IS common sense:

https://www.gamersoptout.co...

+ Show (2) more repliesLast reply 2238d ago
glopez2237d ago

Just my two cents on this topic. What about the mandatory fw that are needed to play these newer games or newer blu rays? So I'm forced to accept this if I want to continue playing? What if I don't plan on ever playing online or just want to use my ps3 for blu rays? There goes the " durr this only applies to the psn" argument. This does affect everyone and for something like this I do agree that it should be clearly stated on the box. That way if anyone is looking to buy a ps3 they'll know what they're getting into.